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INTRODUCTION
Adoption is  a journey of love, hope, and second chances. In a country as diverse and emotionally rooted as India, adoption reflects the beautiful idea that family isn’t defined by blood, but by the bond of the heart. Whether it’s giving a child a safe home or fulfilling a parent’s dream of raising one, adoption weaves together lives that were always meant to meet. But behind this noble act lies a maze of emotions, societal perceptions, and evolving laws.

Adoption means the legal process by which a person (usually a child below the age of eighteen ) becomes the lawful child of adoptive parents, and all the rights and responsibilities of the biological parents are transferred to the adoptive parents.

Adoption is often chosen  by couples or individuals who wish to expand their lineage , due to infertitlity cannot have their own child , pregnant women facing medical condition , couple don’t want to pass down genetic disorder , single mother or father want child after their spouse death etc. 

Today in india there are two legal routes for adoption 

i.Under Hindu Adoption And Maintenance Act 1956 , applicable only on hindus , Buddhists, jains or sikhs 
ii.Under juveline justice act 2015, secular law 

Evolution Of Adoption Law In India
"To understand how adoption works in India today, it's important to look at how it all began. Adoption has deep roots in Indian society, but the laws around it have changed a lot over time — from ancient customs to modern legal systems." 

ANCIENT AND CUSTOMARY PRACTICES
1.Adoption that time was male -centric , daughters were not given preferences
2.In ancient India adoption is seen as a religious duty that is –
i)For the continuance of family lineage
ii)To perform the last rites
In many communities like Christians , muslim it is not considered valid 

COLONIAL OR BRITISH ERA

British law came up with many uniform laws such as civil or criminal law

They do not interfere with the personal religious laws of Indians

Hindu under their customary law can adopt the child

There is still not any provision for non hindus for adoption they just get right of guardianship under Guardian And Ward Act, 1890.

AFTER INDEPENDENCE AND MODERN ERA
1.Hindu Adoption And Maintenance act 1956
i.Part of the hindu code bill drafted after independence 
ii.First law to codify adoption in hindus 
2. Juveline Justice Act 2000
i.In year 2015 juveline justice act 2000 (JJ act )was amended to introduce national secular law for adoption .
ii.JJ Act allowed all eligible citizens regardless of religion to legally  adopt child through CARA (central adoption resource authority ).

LEGAL FRAMEWORK GOVERNING ADOPTION
HINDU ADOPTION AND MAINTENANCE ACT ,1956

The pre-requisite condition to adopt a child under the act are –

1.For adoption by any married  hindu male or female  they should be a major and of sound mind , provided done with the consent of another spouse unless either of them renounced the world , ceased to be hindu or declared by court of unsound mind ( section 7&8 of HINDU ADOPTION AND MAINTENANCE ACT )
2.If a male adopting female child then adoptive father should be atleast twenty one years older than adoptive daughter .
3.If a female adopting male child then adoptive mother should be atleast twenty one year older than adoptive son .
4.For the adoption  of a son the adoptive parents should not have a hindu son, son’s son , son’s son’s son .
5.For the adoption of a daughter the adoptive parents must not have a hindu biological daughter or son’s daughter . 
6.Same child cannot be simunltaneously adopted by two or more persons 

Under Hindu Adoption And maintenance Act  Act the biological parents of a child or guardian( in case parents renounced the world , abandoned the child ,are of  unsound mind ) have the right to give child in adoption .provided that neither of the spouse can give child in adoption without prior consent of other spouse except in certain circumstances . 
Once the adoption deemed into effect the adoptive child all rights will be severed from his from his birth parents and replaced by adoptive family . 
For child who is given for adoption must be a hindu , should not be already adopted , unmarried and below the age of 15 unless the custom allows for the same (section 10 of Hindu adoption and maintenance act ) 

JUVELINE JUSTICE ACT ,2015 (JJ ACT )

The Juvenile Justice (Care and Protection of Children) Act, 2015 is the main law in India that allows for legal adoption of children by any Indian citizen, regardless of religion .

This makes it a secular adoption law, unlike the Hindu Adoption and Maintenance Act (HAMA), which applies only to Hindus.

The Central Adoption Resource Authority (CARA), under the Ministry of Women and Child Development, manages and monitors all adoptions in India under the JJ Act.

Adoption of Abandoned/Orphaned/Surrendered Children is allowed and   Single women , Single men and Married couples can adopt easily . 

CASE LAW CONCERNING INTER COUNTRY ADOPTION BEFORE CARA

IN RE RASIKLAL CHHAGANLAL MEHTA (AIR 1982 GUJ 193 )  
The issue of whether inter-country adoption is legally valid was first discussed in this case , the court said that inter-country adoption under Section 9(4) of the Hindu Adoptions and Maintenance Act, 1956, must follow the laws of both India and the adoptive parents' country. The adoptive parents must also get legal permission from their country to avoid issues with the child’s immigration or citizenship.
LAKSHMI KANT V. UNION OF INDIA (AIR1984 SC 469) 
In this case ,the Supreme Court laid down important guidelines for inter-country adoptions through a PIL . To implement these guidelines, the Court suggested creating a regulatory authority. As a result, the Government of India established the Central Adoption Resource Agency (CARA) in 1989. 

CHALLENGES  AND CONSIDERATION IN ADOPTION 
Adoption is a beautiful journey, but it comes with certain challenges that adoptive families should be aware of:
1 Social Stigma & Misconceptions
In some parts of India, adoption still faces judgment or silence, especially in joint families.
Myths like “only infertile couples adopt” or “adopted children won’t adjust” still exist.
2 Legal Complications
The process can feel lengthy and confusing, especially when dealing with court formalities, documentation, and waiting periods.
Understanding different laws (like JJ Act vs. HAMA) can be overwhelming.
3 Emotional & Psychological Aspects
Children may face attachment issues, trauma, or identity confusion — especially if adopted at an older age.
Parents may also struggle emotionally if bonding doesn’t happen instantly.

Conclusion: A Bond Beyond Blood
Adoption is more than a remedy for childlessness — it's a conscious decision to open your heart and home to a child in need. In India, the journey may be shaped by laws, agencies, and social hurdles, but at its core, adoption is an act of deep humanity. As legal frameworks like the HAMA and JJ Act guide the process, and institutions like CARA ensure transparency, one thing remains clear: families aren’t just born — they’re built. And every adopted child is a reminder that love doesn’t need a bloodline, just a bond. 

AUTHOR: PRISHA RAJPUT 

3rd Year Law Student From,

KCC INSTITUTE, GREATER NOIDA